Kamlesh Yadav @ Kamlesh Kumar Singh @ Kamlesh Singh @ Kamlesh Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2951 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== KAMLESH YADAV @ KAMLESH KUMAR SINGH @ KAMLESH SINGH @ KAMLESH SINGH YADAV aged about 42 years Son of Tangari Yadav @ Ambika Singh @ Mundrika Singh Resident of Village- Dhan Kadha, P.S- Sasaram (Muffasil), Distt- Rohtas at Sasaram ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections and other ancillary sections of the Indian Penal Code.

As per the prosecution case, petitioner and other accused persons entered into the shop of the informant, assaulted him and took away Rs.7000/- from the shop. They also assaulted informant's brother and took away Rs.50,000/- from him and molested brother's wife while leaving the shop. Learned counsel for the petitioner submits that save and except general and omnibus allegation no other

Patna High Court CR. MISC. No.2951 of 2021(2) dt.12-03-2021 2/3 incriminating material has been collected during course of investigation. He submits that out of five injuries received by the informant, injury no. 1, 2, 4 and 5 have been found simple in nature, whereas with respect to injury no.3, learned counsel submits that the same has been found to be caused by firearm but there is no allegation of firing by the accused persons in the FIR. Petitioner is in custody since 11.9.2020. Charge sheet has already been submitted.

Considering the general and omnibus allegation against the petitioner and the nature of injury, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Mufassil) Police Station Case No. 32 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.2951 of 2021(2) dt.12-03-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T